Romedy v. Willett Lincoln-Mercury, Inc.

Stolz, Judge.

1. As to Count 1 of this action by the plaintiff buyer against the defendant automobile dealer, which sought damages, based upon an alleged breach of contract, for the difference between the values of the automobile purchased as actually equipped when delivered and as allegedly misrepresented by the defendant seller to have been equipped, the trial judge did not err in directing a verdict in favor of the defendant seller where the evidence showed that the plaintiff buyer, although having an opportunity to do so, failed to inspect the automobile for 4 to 5 days after delivery,…